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(영문) 부산지방법원 2017.07.13 2017노1537

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

The sentence of the lower court (eight months of imprisonment) against the accused of the summary of the grounds for appeal is too unreasonable.

The grounds for appeal by the defendant shall be examined ex officio prior to the judgment.

The Defendant was sentenced to six months of imprisonment for fraud at the Changwon District Court on January 19, 2017, and the judgment became final and conclusive on April 26, 2017. The crime and the above fraud for which the judgment of the lower court rendered against the Defendant became final and conclusive on April 26, 2017 are in the relation of concurrent crimes by a group after Article 37 of the Criminal Act, and the crime and the above fraud for which judgment of the lower court rendered against the Defendant are in the relation of concurrent crimes by a group, and should be sentenced to punishment

In this regard, the prosecutor added the “after Article 37 of the Criminal Act and Article 39(1) of the Criminal Act” to the provisions of the law applicable to the instant indictment in the trial of the party. Of the facts charged, the Defendant was sentenced to six months of imprisonment for fraud at the Changwon District Court on January 19, 2017 and the judgment became final and conclusive on April 26, 2017.

“A request for amendments to Bill of Indictment was filed,” and this Court allowed this.

In this respect, the judgment of the court below cannot be maintained as it is.

In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts constituting a crime and evidence recognized by this court is the first head of the “criminal facts” column. The judgment was finalized on April 26, 2017, when the defendant was sentenced to six months of imprisonment at the Changwon District Court for fraud.

The Criminal Procedure Act is applicable to the last order of the column of “B” as “B” while making a correction as if the two pages of the judgment of the court below were “B,” and “a summary of the evidence” as “B”. Except for the addition of “B”, the Criminal Procedure Act is applicable to each corresponding column of the judgment of the court below.